Privacy Notice (How we use pupil information)

Why we collect and use pupil information

We collect and use pupil information under the Data Protection Act 1998 (DPA) and “Article 6” and “Article 9” of the General Data Protection Regulation (GDPR).

  • Article 6 (GDPR) condition: Processing is necessary for compliance with a legal obligation to which the data controller is subject
  • Article 9 (GDPR) condition: For substantial public interest on legal basis

We use pupil data for the following purposes:

  1. to support pupil learning
  2. to monitor and report on pupil attainment progress
  3. to provide appropriate pastoral care
  4. to assess the quality of our services
  5. to keep children safe (food allergies, or emergency contact details)
  6. to meet the statutory duties placed upon us for DfE data collections

We may also receive information from their previous school or college, local authority, the Department for Education (DfE) and the Learning Records Service (LRS).

Note. School and local authorities have a (legal) duty under the DPA and the GDPR to ensure that any personal data they process is handled and stored securely.

The categories of pupil information that we collect, hold and share include:

  • Personal information (such as name, unique pupil number and address)
  • Characteristics (such as ethnicity, language, nationality, country of birth and free school meal eligibility)
  • Attendance information (such as sessions attended, number of absences and absence reason)

For details of what we collect, hold and share, please visit the Information Commissioner’s Office (ICO) Data Protection Register and enter Z1758249.

How we collect pupil information

Pupil data is essential for the schools’ operational use. Whilst the majority of pupil information you provide to us is mandatory, some of it requested on a voluntary basis. In order to comply with the data protection legislation, we will inform you at the point of collection, whether you are required to provide certain pupil information to us or if you have a choice in this.

How we store pupil data

We hold pupil data securely for no longer than is necessary. Full details of data retention lists can be found in the Information and Records Management Society’s (IRMS) Retention Guidelines for Schools which can be found here.

Who we share pupil information with

We routinely share pupil information with:

  • schools that the pupils attend after leaving us
  • our local authority
  • youth support services (pupils aged 13+)
  • the Department for Education (DfE)
  • NHS (injections)

Aged 14+ qualifications

For pupils enrolling for post 14 qualifications, the Learning Records service will give us a pupil’s unique learner number (ULN) and may also give us details about the pupil’s learning or qualifications.

Why we regularly share pupil information

We do not share information about our pupils with anyone without consent unless the law and our policies allow us to do so.

We share pupil’s data with the Department for Education (DfE) on a statutory basis. This data sharing underpins school funding and educational attainment policy and monitoring.

We are required to share information about our pupils with our local authority (LA) and the Department for Education (DfE) under regulation 5 of The Education (Information About Individual Pupils) (England) Regulations 2013.

Data collection requirements

To find out more about the data collection requirements placed on us by the Department for Education (for example; via the school census) go to www.gov.uk.

Youth support services

Pupils aged 13+

Once our pupils reach the age of 13, we also pass pupil information to our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide services as follows:

  • youth support services
  • careers advisers

The information shared is limited to the child’s name, address and date of birth. However, where a parent or guardian provides their consent, other information relevant to the provision of youth support services

Pupils aged 16+

We will also share certain information about pupils aged 16+ with our local authority and / or provider of youth support services as they have responsibilities in relation to the education or training of 13-19 year olds under section 507B of the Education Act 1996.

This enables them to provide services as follows:

  • post-16 education and training providers
  • youth support services
  • careers advisers

For more information about services for young people, please visit our local authority website.

The National Pupil Database (NPD)

The NPD is owned and managed by the Department for Education and contains information about pupils in schools in England. It provides invaluable evidence on educational performance to inform independent research, as well as studies commissioned by the Department. It is held in electronic format for statistical purposes. This information is securely collected from a range of sources including schools, local authorities and awarding bodies.

We are required by law, to provide information about our pupils to the DfE as part of statutory data collections such as the school census and early years’ census. Some of this information then stored in the NPD. The law that allows this is The Education (Information About Individual Pupils) (England) Regulations 2013.

To find out more about the pupil information we share with the department, for the purpose of data collections find out more. To find out more about the NPD.

Department for Education

The Department may share information about our pupils from the NPD with third parties who promote the education or well-being in children in England by

  • Conducting research or analysis
  • Producing statistics
  • Providing information, advice or guidance

The Department has robust processes in place to ensure the confidentiality of our data is maintained and there are stringent controls in place regarding access and use oif the data.

Decisions on whether DfE release data to third parties are subject to a strict approval process and based on a detailed assessment of:

  • who is requesting the data
  • the purpose for which it is required
  • the level and sensitivity of data requested; and
  • the arrangements in place to store and handle the data

To be granted access to pupil information, organisations must comply with strict terms and conditions covering the confidentiality and handling of the data, security arrangements and retention and use of the data.

For more information about the Department’s data sharing process.

Organisations fighting or identifying crime may use their legal powers to contact DfE to request access to individual level information relevant to detecting that crime. Whilst numbers fluctuate slightly over time, DfE typically supplies data on around 600 pupils per year to the Home Office and roughly 1 per year to the Police.

For information about which organisations the Department has provided pupil information, (and for which project) please visit the following website.

To contact DfE

Requesting access to your personal data

Under data protection legislation, parents and pupils have the right to request access to information about them that we hold. To make a request for your personal information, or be given access to your child’s educational record, contact the Academy’s Data Protection Officer.

You also have the right to:

  • object to processing of personal data that is likely to cause, or is causing, damage or distress
  • prevent processing for the purpose of direct marketing
  • object to decisions being taken by automated means
  • in certain circumstances, have inaccurate personal data rectified, blocked, erased or destroyed; and
  • a right to seek redress, either through the ICO, or through the courts

If you have a concern or complaint about the way we are collecting or using your personal data, you should raise your concern with us in the first instance or directly to the Information Commissioner’s Office.

Contact

If you would like to discuss anything in this privacy notice, please contact our Data Protection Officer, who can be reached via email on DPO@Gateshead.Gov.UK.